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    annette64628's Avatar
    annette64628 Posts: 1, Reputation: 1
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    #1

    Jan 18, 2008, 10:42 AM
    Can a pension be garnished?
    Last night a deputy served papers to my mother on an account of my fathers (he is now in a rest home with alzheimers and not competent to sign anything), my mother is not named in the suit and is not on the account. Is his pension subject to garnishment? The rest home gets most of it now, along with state help to pay for his care. We live in Missouri
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 18, 2008, 07:17 PM
    If his only income is social security, no they cannot touch that. If it is a pension, yes they can.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jan 19, 2008, 08:40 AM
    Hello Annette:

    The devil is in the details.

    Why was your mother served something for your father? What is the debt for? Why isn't your mother part of the suit? Were they married at the time? Is Mo a community property state? Will they throw him out of the home if they stop getting his pension? Is there marital property a home perhaps? Is the judgment for a huge amount?

    Help us to help you.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 19, 2008, 08:59 AM
    Quote Originally Posted by annette64628
    Last night a deputy served papers to my mother on an account of my fathers (he is now in a rest home with alzheimers and not competent to sign anything), my mother is not named in the suit and is not on the account. Is his pension subject to garnishment? The rest home gets most of it now, along with state help to pay for his care. We live in Missouri


    The 3 types of service are direct/personal service (which apparently cannot be accomplished because your father is not legally competent - if this is the case - and so your mother was served; substitute service - they cannot find your father and serve a competent adult on his behalf; and nail and mail, which is not the case here). I don't know why your mother was served but it has to be one of the first two reasons.

    And, yes, his pension can be garnisheed but SS Disability (which I would assume he collects if he is unable to work or retired) cannot.

    Is this a debt in your father's name alone?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Jan 19, 2008, 09:04 AM
    Certain pensions, such as social security and disability, are not subject to garnishment. Check with the administration of the pension in question to be sure. Also investigate whether the fact that your father is disabled and requires convalescent care could have any bearing on making his income exempt from garnishment.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 19, 2008, 09:07 AM
    Quote Originally Posted by s_cianci
    Certain pensions, such as social security and disability, are not subject to garnishment. Check with the administration of the pension in question to be sure. Also investigate whether or not the fact that your father is disabled and requires convalescent care could have any bearing on making his income exempt from garnishment.

    I don't know - under the Law are SS and Disability plan income considered pensions? I thought you could garnishee pensions but not benefits.

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